High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
Section 125 CrPC
Where can a petition under S. 125 CrPC be filed? Del HC discusses law on territorial jurisdiction
Delhi High Court: Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under
Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides
Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125
Maintenance & Overlapping Jurisdiction | Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates
Delhi High Court: Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner
Del HC | Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself
Delhi High Court: Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining
HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof
Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,
Daughter turning major, will not be entitled to maintenance from father? Andhra Pradesh HC explains the law
Andhra Pradesh High Court: While explaining the law on whether father is obligated to provide maintenance to his daughter irrespective of the
SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. agreed to reduce the sentence of the appellant−husband convicted
Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code
Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following
Delhi HC decides that Father’s obligation to maintain a child cannot end once he/she turns 18 years of age. Read why
Delhi High Court: Subramonium Prasad, J., while allowing in part the revision petition filed challenging the Family Court’s maintenance order made a
Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter
Delhi High Court: Subramonium Prasad, J., while addressing a revision petition in regard to maintenance of wife, held that Magazine covers are
Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son
Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance
All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know
Allahabad High Court: Suresh Kumar Gupta, J., while addressing an issue with maintenance allowance determined a very significant point of whether rent
Ker HC | If a neglected wife is being maintained by her eldest son, would that exempt the husband from his liability to maintain the wife under S. 125 CrPC? HC explains
Kerala High Court: Mary Joseph, J., while addressing an issue of maintenance under Section 125 of Criminal Procedure Code, 1973, expressed that
Madras HC | Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision
Madras High Court: K. Murali Shankar, J., addressed the issue with regard to payment of maintenance, whether from the date of application
All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says
Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as
All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer
Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,
2020 Wrap-Up — Family Law & Allied Provisions
In our series of 2020 wrap-ups, let’s revisit and take a dive at some of our stories on family laws and how
Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position
Gauhati High Court: Soumitra Saikia, J., observed that “..a valid decree of divorce by itself is no ground to deny the maintenance to
Del HC | Central Government and/or prescribed officer draw power to award maintenance to wife and children of Air Force personnel from provisions of Air Force Act
Delhi High Court: The Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., while addressing the instant matter, observed that: The wife